/9£ 



SCHOOL LEGISLATION 



OF THE 



REGULAR SESSION OF THE THIRTY- 
SEVENTH LEGISLATURE 



THREE MILLION DOLLAR APPROPRIATION TO THE STATE AVAILABLE 
SCHOOL FUND. 

ENABLING ACT PUTTING INTO EFFECT THE DISTRICT TAX AMEND- 
MENT. 

AN ACT AMENDING THE MAXIMUM SALARY LAW. 

AN ACT RELATING TO CERTIFICATES OF CITY SUPERINTENDENTS. 

AN ACT REPEALING THE REQUIREMENT OF AFFIDAVIT BY TEACHERS 
TO SALARY VOUCHERS. 

AN ACT RELATING TO COMPULSORY SCHOOL ATTENDANCE OF THE 
BLIND, DEAF AND DUMB. 

AN ACT NAMING THE LEGAL HOLIDAYS IN TEXAS, ADDING VICTORY 
DAY, NOVEMBER ELEVENTH. 



ANNIE WEBB BLANTON 

State Superintendent of Public Instruction 









BULLETIN NO. 130 APRIL, 1921 



ISSUED BY 

THE DEI^ARTMENT OF EDUCATION 

STATE OF TEXAS A75-421-5M-L 



Mooo3-aP^ 






SCHOOL LEGISLATION 



THREE MILLION DOLLAR APPROPRIATION FOR STATE 

PER CAPITA. 



An Act to appropriate Three Million Dollars ($3,000,000) out of the general 
funds of the State to aid all the public schools for the scholastic year be- 
ginnins September 1. 1921, and ending August 31, 1922. the same to be dis- 
tributed as the available school fund is now distributed. 

Be it enacted ly the Legislature of the State of Texas: 

Section 1. For the purpose of promoting and aiding all the public 
schools of the State, Three Million Dollars ($3,000,000) is hereby ap- 
propriated out of the general funds of the State, the same to be added 
to the available school funds for the scholastic year beginning Septem- 
ber 1st, 1921, and ending August 31, 1932, and distributed m accord- 
ance with the statutes now controlling the distribution of the available 
school funds of the State, as shown by Articles 2725 and 2726, Chapter 
9, Title 48, Eevised Civil Statutes of Texas. 

Sec. 2. The fact that many of the public schools of the State require 
additional funds to pay the salaries of teachers for the scholastic year 
beginning September 1, 1921, and ending August 31, 1922, creates an 
emergency and an imperative public necessity calling for the suspension 
of the constitutional rule requiring bills to be read on three several 
days and such rule is hereby suspended and this Act shall take effect 
and be in force from and after its passage and it is so enacted. 

It is probable that this appropriation will enable the state to continue 
the present per capita appropriation from the available school fund, of 
$14.50 ; but this fact cannot be positively ascertained until the property 
valuations for next year are fixed and compiled. 



ENABLING ACT OF THE DISTRICT TAX AMENDMENT. 



An Act putting into effect the amendment to Section 3 of Article 7 of the 

Constitution of Texas. 

Section 1. The Commissioners' Court of any county in this State 
shall have the power to levy a special tax for the further maintenance 
of public free schools and the erection and equipment of a school build- 
ing or school buildings within and for each common school district 
located in such county; provided a majority of the qualified property 
taxpaying voters of the district, voting at an election held for that 
purpose, "shall vote such tax not to exceed in any one year one dollar 
on the one hundred dollars valuation of the taxable property m such 
district; and provided further that all property assessed for school pur- 
poses in such districts shall be assessed at the rate of value of property 
as said property is assessed for state and county purposes. 



Sec. 2. It shall be the duty of the County Judge, upon the pres- 
entation of a petition signed by twenty, or more, or a majority of the 
property taxpaying voters of the district, to order an election to be 
held in said district for the purpose of levying a tax to supplement the 
State School Fund apportioned to said district and to determine whether 
such tax sha^] be levied; provided, said petition shall designate either 
the specific rate of tax to be levied, or a rate of tax not exceeding one 
dollar on the one hundred dollars valuation of the taxable property of 
the district. The order of the County Judge shall state the time and 
place or places of holding such election and the rate of tax to be voted 
on, or, the proposition may be for a school tax not exceeding one dollar 
on the one hundred dollars valuation of taxable property of the dis- 
trict. The County Judge shall order the Sheriff to give notice of such 
election by posting three notices in the district for three weeks prior to 
said election, and the Sheriff shall obey such order. Not more than 
one such election shall be held within a year from the date of such 
election. The manner of holding said election shall be governed by 
the provisions of Articles 2829, 2830, 2831 and 2832, Eevised Civil 
Statutes of Texas of 1911. 

Sec. 3. The County Commissioners Court, at the time of levying 
taxes for county purposes, shall also levy upon all the taxable property 
within any common school district the rate of school maintenance tax 
said district has voted upon itself, or, if the proposition shall have 
been for a school tax not exceeding one dollar on the one hundred dol- 
lars valuation of taxable property in the district, the Commissioners 
Court shall levy such rate within that limit as shall have been deter- 
mined by the Board of Trustees of said district and the County Super- 
intendent and certified to said court by the County Superintendent. 

Sec. 4. It shall be the duty of the Tax Assessor to assess said tax 
as other taxes are assessed and to make an abstract showing the amount 
of special taxes assessed against each school district in his county and 
to furnish the same to the County Superintendent on or before the first 
day of September of the year for which such taxes are assessed, and 
the taxes levied upon the real property in said districts shall be a lien 
thereon, and the same shall be sold for unpaid taxes in the manner 
and at the time of sales for State and county taxes. A special tax 
voted in any district after the levy of county taxes shall be levied at 
any meeting of the Commissioners Court prior to the delivery of the 
assessment rolls by the Assessor. The Tax Assessor shall assess and 
the Tax Collector shall collect said district taxes as other taxes are 
assessed and collected. The Tax Assessor shall receive a commission 
of one-half of one per cent for assessing such tax and the Tax Collector 
a commission of one-half of one per cent for collecting the same. The 
Tax Collector shall pay all such taxes to the County Treasurer, and 
said Treasurer shall credit each school district with the amount belong- 
ing to it and pay out the same in accordance with the law. 

Sec. 6. Upon the petition of twenty, or more, or a majority, of the^ 
qualified property taxpaying voters of a common school district, to the 
County Judge, the Judge shall have the power, and it is hereby made 
his duty, to order an election to be held in such district to determine 
whether or not the bonds of such district shall be issued as indicated 
in the petition, and the annual levy of a tax sufficient to pay the cur- 



— 5— 

rent interest on said bonds and provide a sinking fund sufficient to pay 
the principal at maturity. Tlie petition and the order and notice of 
election must distinctly specify the amount of the bonds, the rate of 
interest, the time in which they are to run, and the purpose for which 
the bonds are to be issued; but it shall not be necessary to vote upon a 
specific rate of tax but the rate shall be determined in the manner pro- 
vided by Section 11 of this Act. 

Sec. 6. The County Judge shall order the Sheriff to give notice of 
such election by posting three notices in the district for three weeks 
prior to said election, and the Sheriff shall obey such order; provided, 
that the manner of holding said election and making returns thereof 
shall be as in other school elections in accordance with the laws of this 
State. 

Sec. 7. The County Judge shall prepare proper ballots for use in 
such school district bond election and the county shall bear the expense 
of having such ballots printed; and all voters who favor the proposition 
to issue the bonds and the levy of the tax therefor shall have written 
or printed on their ballots the words : "For the issuance of bonds and 
the levying of the tax in payment thereof:" and those opposed shall 
have written or printed on their ballots the words "Against the issu- 
ance of bonds and the levying of the tax in payment thereof." 

Sec. 8. If, after the result of said election is known, it shall appear 
to the Commissioners Court of the County in which such school dis- 
trict is located that a majority of the votes cast at such election were 
in favor of the issuance of the schoolhouse bonds, it shall be the duty 
of the Commissioners Court, as soon thereafter as practicable, to issue 
said bonds on the faith and credit of the said common school district. 

Sec. 9. Such bonds shall bear not more than 6 per cent interest 
per annum and may mature, serially or otherwise, not exceeding forty 
years from the date thereof; provided, that when the houses are to be 
built of wood, the time of the bonds herein provided for shall not be 
more than twenty years from their date. 

Sec. 10. The said school district schoolhouse bonds shall express on 
their face : The State of Texas, the name of the county, and the number 
or corporate name of the district issuing said bonds. Such bonds shall 
be signed by the County Judge of the County in which the school dis- 
trict is located and countersigned by the County Clerk and registered 
by the County Treasurer of such county in accordance with the gen- 
eral law relative to county bonds ; and such bonds shall be examined by 
the Attorney General of Texas and registered by the Comptroller of 
Public Accounts of Texas, and when so issued they shall be sold to the 
highest bidder at not less than their par value, and the purchase money 
shall be placed in the County Depository to the cre(''it of said school dis- 
trict. Such funds shall be disbursed upon warrants issued by the Dis- 
trict Trustees approved by the County Superintendent in payment of 
accounts legally contracted in buying, building, equipping, or preparing 
the schoolhouse or schoolhouses for such district, or in the purchase 
of sites therefor. The Commissioners Court may invest the County 
Permpnent School Fund in such school district schoolhouse bonds and 
the State Board of Education shall have the right to purchase such 
bonds on the same conditions as it may purchase other bonds. 

Sec. 11. When the Commissioners Court shall provide for the 



issuance of such bonds^ and each year thereafter so long as the bonds, 
or any of them, are outstanding, the said Court shall levy a tax not 
to exceed 50 cents on the $100 valuation of taxable property of said 
school district sufficient to pay the interest on the bonds and to produce 
a sinking fund, which, together with the interest thereon, when placed 
at interest, shall be sufficient to pay the principal of such bonds at ma- 
turity. The rate of such tax shall be determined by the Trustees of 
the District and the County Superintendent and certified by the County 
Superintendent to the Commissioners Court; provided that the rate of 
bond tax, together with the rate of special local tax of the district for 
the maintenance of schools therein shall never exceed $1.00 on the $100 
valuation of taxable property of said school district; but, if the rate of 
bond tax certified by the County Superintendent to the Commissioners 
Court, together with the rate of maintenance tax previously voted in 
the district, shall at any time exceed $1.00 on the $100 valuation, such 
bond tax shall operate to reduce the maintenance tax to the difference 
between the rate of the bond tax and $1.00. Said school district bond 
tax shall be assessed and collected in the manner provided by law for 
the assessment and collection of the special local tax for the mainte- 
nance of public free schools; provided that the rate of school tax cer- 
tified to the Commissioners Court by the County Superintendent shall 
be the rate to be levied by the Commissioners Court in the school dis- 
trict until a change in such rate shall be recommended by the County 
Superintendent and Board of Trustees of the district within the limit 
herein prescribed. 

Sec. 12. After said bonds shall have been issued and sold and said 
tax shall have been levied sufficient to pay said bonds and the interest 
thereon, as provided above, it shall not be lawful to hold an election in 
said district to determine whether or not said tax shall be discontinued 
or lowered until said bonds, together with the interest thereon, shall 
have been fully paid, nor shall the limits and boundaries of said com- 
mon school district ever be decreased by the County Board of School 
Trustees until all of said bonds and the accrued interest thereon shall 
have been fully paid. 

Sec. 13. The trustees of any independent school district that has 
been, or may hereafter be incorporatecl under general, or special laws, 
for school purposes only, shall have the power to levy and collect an 
annual ad valorem tax not to exceed one dollar on the one hundred 
dollars valuation of taxable property of the district, for the maintenance 
of schools therein, and a tax not to exceed fifty cents on the one hundred 
dollars for the purpose of purchasing, constructing, repairing, or equip- 
ping public free school buildings within the limits of such di.strict, and 
the purchase of the necessary sites therefor ; provided, that the amount 
of maintenance tax, together with the amount of bond tax of the dis- 
trict, shall never exceed one dollar on the one hundred dollars valuation 
of taxable property; and provided further that no such tax shall be 
levied, and no such bonds issued, until after an election shall have been 
held wherein a majority of the taxpaying voters, voting at said election, 
shall have voted in favor of the levying of said tax, of the issuance of 
said bonds, or both, as the case may be, and which election shall be held 
in accordance with the subsequent sections of this Act. 

Sec. 14. All independent school districts providing for public free 



— 7— 

school improvements as contemplated by the preceding section, shall 
have the power to issue coupon bonds of the district in such sum or 
sums as may be authorized at an election held in accordance with the 
provisions of this Act for the purpose of purchasing, constructing, re- 
pairing or equipping public free school buildings within the limits of 
such district, and the purchase of the necessary sites therefor; pro- 
vided that the aggregate amount of bonds issued for such purposes shall 
never reach an amount where a tax of fifty cents on the one hundred 
dollars valuation of taxable property will not pay current interest and 
provide a sinking fund sufficient to pay the principal at maturity; pro- 
vided further that such bonds shall bear interest not exceeding six per 
cent per annum, and may be made payable, serially or otherwise, not 
exceeding forty years from their date, but when the school buildings 
are to be of wood material, the bonds herein provided for shall not 
run for a longer period than twenty years from their date; and pro- 
vided further that the specific rate of "tax to be levied for the payment 
of such bonds need not be determined at the election. 

Sec. 14a. Where any independent school district desires to issue 
bonds for school building purposes, there shall be presented to the 
Board of Trustees of such district a petition signed by twenty, or more, 
or a majority, of the qualified property taxpaying voters of the dis- 
trict, praying for the issuance of bonds to an amount stated and for 
the levy of a tax in payment thereof. The petition shall further state 
the rate of interest to be borne by such bonds, the time of maturity, and 
the purpose for which the bonds are to be issued, and pray that an 
election be ordered within and for such district to determine whether 
or not the bonds of such district shall be issued for the purpose above 
indicated and whether or not a tax shall be levied upon all taxable 
property within such district in payment thereof. 

Sec. 15. Upon the presentation of such petition, the Board of 
Trustees shall make and cause to be entered of record upon the minutes 
of said Board an order directing that an election be held within and 
for such independent school district at a date to be fixed in the order, 
to be not less than thirty days after the date of such order, for the 
purpose of determining the proposition mentioned in such petition. At 
such election those desiring to vote in favor of the issuance of the 
bonds and levy of the tax in payment thereof, shall have written or 
printed upon "their l)allots : "For the issuance of the bonds and the 
levying of the tax in payment thereof," and those opposed to the propo- 
sition submitted, shall have written or printed upon their ballots: 
"Against the issuance of the bonds and the levying of the tax in pay- 
ment thereof." When the election is ordered, the Board of Trustees 
shall fix the polling place or places for the holding of such election and 
name a Judge and two clerks at each polling place, or more judges and 
clerks if deemed necessary. 

Sec. 16. When the order for the bond election has been made, the 
Secretary of the Board of Trustees shall forthwith issue a notice stating 
in substance the contents of such election order and the time and place 
or places of such election, and it shall be the duty of such Secretary 
to post a copy of such notice at three different places within the bound- 
aries of such district, which posting shall be done not less than three 
weeks prior to the date fixed for said election. 



Sec. 17. The manner of holding an independent school district bond 
election shall be governed^, as near as may be, by the general election 
laws of this State, except as modified hereby, and the Board of Trustees 
shall furnish all necessary ballots and other election supplies requisite 
to such election. None but qualified property taxpaying voters of such 
district shall vote at any such election to authorize the issuance of 
such bonds. 

Sec. 18. Immediately after the bond election the officers holding 
the same shall make returns of the result thereof to the Board of Trus- 
tees of the district, and return the ballot boxes to the Secretary of such 
Board, who shall safely keep the same and deliver them together with 
the returns of the election to the Board of Trustees at its next regular 
or special meeting, and said Board shall at such meeting canvass the 
vote and returns and if it be found that the proposition for the issu- 
ance of bonds and levy of the tax has been adopted by a majority of 
the qualified property taxpaying voters of such district voting at said 
election, then the Board shall declare that it resulted in favor of the 
issuance of bonds and the levy of the tax in payment thereof, and if 
the result be against the issuance of the bonds and tax, then it shall 
declare that the result was against the issuance of bonds and the levy 
of the tax in payment thereof. 

Sec. 19. Where a bond election in an independent school district 
shall have resulted in favor of the issuance of bonds and levy of the 
tax in paymeuT thereof, the Board of Trustees of the district, after 
such result has been declared, shall make an order directing the issu- 
ance of the bonds of such district and provide for the levy and col- 
lection of a tax annually of sufficient amount with which to pay the 
interest and provide a sinking fund with which to pay such bonds at 
maturity; and such bonds shall state upon their face the purpose for 
which they are issued. Said bonds shall be issued in the name of the 
independent school district, shall be signed by the President of the 
Board of Trustees of such district, and shall be countersigned by the 
Secretary of such district, and the seal of the district shall be affixed 
to each bond. 

Sec. 20. Before such bonds are offered for sale there shall be for- 
warded to the Attorney General of Texas certified record of all pro- 
ceedings had with reference to the issuance of the bonds of the district, 
together with such other information as the Attorney General may re- 
quire. Whereupon it shall be the duty of the Attorney General to care- 
fully examine the said bonds in connection with the facts and the Con- 
stitution and laws of the. State of Texas governing and controlling the 
execution of such bonds, and if the result of the examination the At- 
torney General shall find that such bonds are issued in conformity with 
the Constitution and laws and that they are valid and binding obliga- 
tions upon said independent school district, he shall so officially certify; 
and when said bonds have been approved by the Attorney General, they 
shall be registered by the Comptroller of Public Accounts in the same 
manner as other bonds. 

Sec. 21. When said bonds shall have been approved and registered, 
as provided in this Act, they shall continue in the custody of and under 
the control of the Board of Trustees and shall be sold by said Board 
for cash to the highest and best bidder, either in whole or in parcels, at 



not less than their par value, and the purchase money therefor shall be 
placed in the depository of such independent school district. Such 
funds shall be paid out by the Treasurer of such district upon war- 
rants drawn on such funds by the President of the Board of Trustees 
of the district and countersigned by the Secretary of said Board. 

Sec. 22. Whenever the qualified property taxpaying voters of an in- 
dependent school district shall desire to be submitted at an election for 
that purpose, the question of the levy and collection of an annual ad 
valorem tax on the one hundred dollars valuation of taxable property 
of the district for the maintenance of the schools therein, a petition 
signed by twenty, or more, or a majority, of the qualified property tax- 
paying voters of such district shall be presented to the board of trustees, 
praying for an election upon the question so desired to be submitted, 
and it shall be the duty of the board of trustees to order an election 
substantially as in case of a bond election, and all other proceedings 
in respect to the question so submitted shall be in accordance with the 
provisions of this Act relative to independent school district bond elec- 
tions; provided said petition shall designate either the specific rate of 
tax to be levied, or such rate of tax not exceeding one dollar on the 
one hundred dollars valuation of all taxable property within the dis- 
trict; and provided further that when a proposition to levy such a tax 
shall be defeated no election for that purpose shall be ordered until 
after the expiration of one year from the date of the election. 

Sec. 23. The order of the board of trustees ordering the election, 
and the election notice, shall state the time and place or places of hold- 
ing such election and the rate of maintenance tax to be voted on, or 
the proposition may be for such rate of tax not exceeding one dollar 
on the one hundred dollars valuation of taxable property of the dis- 
trict as indicated in the petition. The ballots at such election shall 
read "For maintenance tax." or "Against maintenance tax." 

Sec. 24. If a majority of the taxpaying voters, voting at said elec- 
tion, shall have voted in favor of the levying of said tax, the board 
of trustees of the district shall thereafter annually levy and cause to 
be assessed and collected upon the taxable property in the limits of 
the district for the maintenance of the public free schools of the said 
district such ad valorem tax as the qualified voters of such district au- 
thorized at the election held for that purpose ; provided that if the 
proposition shall have been for such rate of tax not exceeding one dollar 
on the one hundred dollars valuation of taxable property of the district 
as authorized at the election, the board of trustees shall levy such a rate 
each year within that limit as such board may deem judicious. 

Sec. 25. Where a maintenance tax has been voted no election to 
revoke, modify, or increase the same shall be held imtil two years from 
the date of the election authorizing such maintenance tax. An election 
to revoke, modify, or increase such maintenauQe tax, wlien permissible, 
may be obtained and held substantially as herein provided for an elec- 
tion to authorize such tax : provided, however, that no change or modi- 
fication in such maintenance tax shall ever affect any bond tax author- 
ized by such district; and provided further, that if the rate of bond 
tax, together with the rate of maintenance tax voted in the district, 
shall at any time exceed one dollar on the one hundred dollars valua- 



—lo- 
tion, such bond tax shall operate to reduce the maintenance tax to the 
difference between the rate of the bond tax and one dollar. 

Sec. 26. All laws and parts of laws in conflict herewith are hereby 
repealed, and Articles 2837, 2828, 2836, 2837, 2838, 2839, 2840, 2841, 
2842, 2857, 2858, 2859, 2860, 2863, Eevised Civil Statutes of Texas 
of 1911, and Section 5, of Chapter 100, Acts of the Regular Session of 
the Thirty-second Legislature, are hereby particularly repealed. 

Sec. 27. The provisions of this Act relative to tax and bond elec- 
tions in common school districts shall also apply to common county line 
school districts; and the provisions hereof relative to tax and bond 
elections in independent school districts shall also apply to all such 
incorporated districts having each fewer than one hundred and fifty 
scholastics according to the latest census. 

Sec. 28, In case it shall be declared by the courts that any part 
of this Act is unconstitutional, such decision shall not impair other 
parts and provisions of this Act. 

Sec. 29. The fact that there is no enabling act authorizing school 
districts to avail themselves of the constitutional amendment recently 
adopted, and the further fact that this proposed legislation is of vital 
interest to the schools in all sections of the State and would be of great 
benefit to the public free school system of the State, create an emer- 
gency and an imperative public necessity requiring that the constitu- 
tional rule, requiring that bills shall be read on three separate days, 
be suspended, and the same is hereby suspended, and that this Act shall 
take effect and be in force from and after its passage, and it is so 
enacted. 

This Act carried the emergency vote, and is now- effective. School 
districts may vote the increased tax, effective for the school session of 
1921-22, prdvided that the tax is voted before the tax assessor's rolls 
are made up. 



AMENDMENT OF MAXIMUM SALARY LAW. 



An Act to amend Chapter 14, Article 2781, Eevised Civil Statutes of 1911, as 
amended by Chapter 27, Acts of the Third Called Session of the Thirty-sixth 
Legislature, relating to the salaries of teachers so as to change the jDro- 
vision as to district? levying a local tax, validating contracts heretofore 
made, and declaring an emergency. 

Be it enacted hy the Legislature of the State of Texas: 

Section 1. That Article 2781, Revised Civil Statutes of the State 
of Texas 1911 as amended by Chapter 27, Acts of the Third Called 
Session of the Thirty-sixth Legislature be amended so as to hereafter 
read as follows: 

Article 2781. Trustees in making a contract with a teacher shall 
determine the salary to be allowed or the wages to be paid. Provided 
a teacher holding a permanent State certificate shall not receive wages 
in excess of one hundred and fifty dollars per month out of the public 
free school fund; a teacher holding a first grade certificate shall not 
receive as wages from the public free school fund more than one hun- 
dred and twenty-five dollars per month, and a teacher holding a second 



—11— 

grade certificate shall not receive as wages from the public free school 
fund more than one hundred dollars jjer month ; provided that the salary 
limits herein specified shall not apply to any school district which levies 
and collects a local tax for school purposes, and provided further thai 
all contracts heretofore made with teachers and which are not in con- 
flict with this Act are hereby validated. 

Sec. 2. The crowded condition of the legislative calendar, and the 
fact that many school districts have been seriously hampered in secur- 
ing and retaining competent teachers, because of the restrictive pro- 
visions of the present law, create an emergency and an imperative public 
necessity, requiring that the Constitutional rule providing that bills be 
read on three several days in each House be suspended, and it is hereby 
suspended, and that this Act take effect and be in force from and after 
its passage, and it is so enacted. 

This Act takes effect June 12, 1921, as it did not receive the emer- 
gency vote. The portion printed in italics clears away the difficulties 
caused by restrictions made when the former salary limits were increased. 



AN ACT RELATING TO CERTIFICATES OF CITY 
SUPERINTENDENTS. 



An Act to amend Section 118 of Chapter 61 of the General Laws passed by 
the Third Called Session of the Tliirty-sixth Legislature and approved June 
19th, 1920, by providing that Superintendents of schools who have been 
superintendents of said schools for a period of ten years are exempt from 
the provision requiring the holding of a first grade or permanent certificate, 
and declaring an emergency. 

Be it enacted by the Legislature of the State of Texas: 

Section 1. That Section 118 of Chapter 61 of the general laws 
passed by the Third Called Session of the Thirty-sixth Legislature is 
hereby amended to hereafter read as follows : 

"Section 118. A city or a town which has a scholastic population 
of one thousand or more and has become an independent school dis- 
trict and which levies a local tax for educational purposes or which 
maintains a system of free schools for nine months in each year, and 
which has employed a superintendent of city schools may have a city 
Board of Examiners. Said Board of Examiners shall in all cases con- 
sist of the City Superintendent, of the City Schools; together with two 
other persons who shall be appointed by him, and who shall be teachers. 
The City Board of Examiners is hereby authorized to issue certificates 
valid only in the city in which they are issued, such certificates shall 
be temporary. 

Temporary city certificates shall be of three classes, as follows : Sec- 
ond Grade, First Grade, and High School. A temporary city certifi- 
cate shall be good for two years, unless cancelled by lawful authority, 
and a second city certificate shall not be issued to any person. The 
further regulation of the issuance of such certificates shall be provided 
for by the Board of Trustees of . such cities or towns : provided, that 
no city or town «hall make the requirements for temporary certificates 



—12— 

inferior to the requirements provided by law for county or state cer- 
tificates of the corresponding grades. Nothing in this chapter shall 
interfere with the validity of outstanding certificates in such cities or 
towns. Cities and towns authorized by the provisions of this chapter 
to have a City Board of Examiners may at the discretion of the Super- 
intendent of City Schools, employ a teacher of any special branch not 
included in the requirements of a state certificate without requiring an 
examination or a teacher's certificate; and nothing in this chapter shall 
prevent the Board of Trustees of any city or town from recognizing 
the certificate issued in any other such city or town in this State and 
validating the same in the city or town .so recognizing. 

A superintendent of schools in any city or town of this State shall 
be required to be the holder of a State first grade or State permanent 
certificate,' and no school board may legally contract with any super- 
intendent who is not the holder of a State first grade or permanent cer- 
tificate, provided, lioivever, this certificate requirement shall not apply 
to a superintendent who has held a position as dty or town superin- 
tendent for a period of ten consecutive years in the school in- which he 
or she is employed. 

Sec. 2. The present shortage of teachers and the injustice in refus- 
ing certificates to those who are mentally and educationally qualified 
to secure certificates creates an emergency and an imperative public 
necessity requiring that the constitutional rule which requires that all 
bills be read on three several days be suspended, and if is hereby sus- 
pended, and that this law be in full force and effect from and after its 
passage, and it is so enacted. 

This takes effect June 12, 1921. 

The portion in italics indicates the change made in the present law. 
The exemption applies only to superintendents who have served in the 
same position fd^r ten or more consecutive years, and applies to these 
only so long as they remain in the position in ivhich they have served 
for this length of time. 



THE NEW CERTIFICATE LAW. 



An Act to amend the laws in regard to the certiiication of teachers, providing 
for the same powers of certification to all colleges on a basis of the same 
standards and courses of work, and for a distinction between certificates 
obtained by examination and those secured through college work, providing 
for a gradual raising of standards for teachers through a period of several 
years and for more adequate examination fees, adding to Sections 107, 108, 
110. 110a, 110b, 110c, llOd. Chapter 96, Acts of the Thirty-second legislature, 
as amended by Section 1, Chapter 61. Acts of the Third Called Session of the 
Thirty-sixth Legislature, Sections 107a, 108a, llOe, repealing Spctions 114, 
116, 117, and 119 of Chapter 96, Acts of the Thirty-second Legislature," as 
amended by Section 1, Chapter 61, Acts of the Third Called Session of the 
Thirty-sixth Legislature, and providing a substitute therefor, repealing Section 
121, Acts of the Tliirty-second Legislature, and providing a substitute therefor, 
and amending Section 105, Chapter 96, Acts of the Thirty-second Legislature; 
repealing laws or parts of laws in conflict with its provisions and providing 
that nothing in this Act shall invalidate certificates previously issued, and 
declaring an emergency. 



—13— 

Be it enacted hij the Legislature of the State of Texas: 

Section 1. That provisions of the certificate law in force January 
1, 1921, relating to certification through examinations, shall continue 
in force until September 1, 1923 ; and provisions of the said law, relat- 
ing to building on a certificate of lower grade secured before September 
1, 1923, to a certificate of higher grade, shall continue in force until 
September 1, 1925, after which date certificates shall be granted only 
in accordance with the provisions of this new Act. 

Certification of teachers in accordance with the provisions of this 
Act shall be in .force from the time that this Act takes effect, and ap- 
plicants shall exercise a choice as to the law under which they may 
secure a certificate, until September 1, 1923. After this date they may 
complete building already begun. Those who have not begun building 
under the old law by this date, must receive certification under the 
terms of this Act. 

Sec. 2. That to Section 107, Chapter 96, Acts of the Thirty-second 
Legislature, as amended by Section 1, Chapter 61, Acts of the Third 
Called Session of the Thirty-sixth Legislature there be added Section 
107a. 

Section 107a. In accordance with the conditions and the dates spec- 
ified in the preceding section (Section one), the following provisions 
shall be in force after the passage of this Act : 

Teachers' certificates authorizing the holders thereof to contract to 
teach in the public free schools of this State shall be of three kinds, 
as follows: (1) Elementary Certificates, (2) High School Certificates, 
(3) Special Certificates. 

Elementary certificates shall be of the following classes: (1) ele- 
mentary certificates of the second class, (2) elementary certificates of 
the first class, and (3) elementary permanent certificates. 

High School certificates shall be of the following classes: (1) high 
school certificates of the second class, (2) high school certificates of 
the first class, and (3) high school permanent certificates. 

Special certificates granted to teachers of kindergarten and special 
branches of study shall be of two classes: (1). temporary, and (2) per- 
manent. 

Sec. 3. That to Section 108, Chapter 96, Acts of the Thirty-second 
Legislature, as amended by Section 1, Chapter 61, Acts of the Third 
Called Session of the Thirty-sixth 'Legislature, there be added Section 
108a. 

Section 108a. In accordance with conditions and the dates specified 
in Section 1, the following provisions shall be in force after the passage 
of this Act. 

An elementary certificate of the second class may be obtained by ex- 
amination only. An applicant for an elementary certificate of the 
second class shall be examined in spelling, reading, writing, arithmetic, 
English grammar, elementary physiology and hygiene (with special ref- 
erence to narcotics), school management and methods of teaching, de- 
scriptive geography, Texas histor}^. United States history, Texas school 
laws relating to teachers and pupils, and, in addition, on any two of 
the following subjects : elementary agriculture, elementary composition, 
drawing, and music. 

In taking examination for an elementary certificate of the second 



—14— 

class, no applicant shall be permitted at any one series of examinations 
to take examinations on more than thirteen subjects — eleven prescribed 
and two optional. An elementary certificate of the second class shall 
be valid, unless canceled by lawful authority, until the second anni- 
versary of the thirty-first day of August of the scholastic year in which 
the examination was held, and to receive such a certificate an applicant 
shall make on examination on all subjects an average grade of not less 
than seventy-five per cent and on each subject a grade of not less than 
fifty per cent; provided that if the applicant makes a general average 
on all subjects of not less than eighty-five per cent and on each subject 
a grade of not less than sixty per cent, he may receive an elementary 
certificate of the second class, valid, unless canceled by lawful author- 
ity, until the third anniversary of the thirty-first day of August of the 
calendar year in which the examination was held. 

A high school certificate of the second class may be secured by ex- 
amination only. 

An applicant for a high school certificate of the second class shall 
be examined in the subjects prescribed for an elementary certificate of 
the second class on any two of the optional subjects prescribed for an 
elementary certificate of the second class, and in addition thereto, on 
civil government, higher English composition, elementary psychology 
applied to teaching, and on any four of the following subjects : algebra, 
physical. geography, ancient history, modern history, elements of plane 
geometry, botany, and American literature. 

A high school certificate of the second class shall be valid unless 
canceled by lawful authority until the second anniversary of the thirty- 
first day of August of the calendar year in which the examination was 
held; provided that the applicant shall make on examination on all 
subjects an average grade of not less than seventy-five per cent and 
on each subject a grade of not less than fifty per cent; provided that if 
the applicant makes a general average on all subjects of not less than 
eighty-five per cent and on each subject a grade of not less than sixty 
per cent, he shall be entitled to receive a high school certificate of the 
second class valid, unless canceled by lawful authority, until the third 
anniversary of the thirty-first day of August of the calendar year in 
which the examination was held. 

Sec. 4. That to Sections 110, 110a, 110b, Chapter 96, Acts of the 
Thirty-second Legislature, as amended by Section 1, Chapter 61, Acts 
of the Third Called Session of the Thirty-sixth Legislature, and to 
Sections 110c and llOd, added by Section 1, Chapter 61, Acts of the 
Third Called Session of the Thirty-sixth Legislature, there be added 
Section llOe, the provisions of which shall be in force, after the pas- 
sage of this Act, in accordance with the dates and conditions specified 
in Section 1 of this Act. 

Section llOe. The holder of an elementary certificate of the second 
class may during the validity of said certificate build to a liigh school 
certificate of the second class by taking examination in the additional 
subjects required for a high school certificate of the second class and 
in any four of the optional subjects prescribed for a higli school cer- 
tificate of the second class. 

An applicant who, at one series of examinations, takes examinations 
on all of the subjects required for a high school certificate of the second 



—15— 

class, shall not be permitted to take examinations, at any one series of 
examinations, on more than twenty subjects, fourteen required and 
six optional, as specified in the requirements, respectively, for the issu- 
ance of elementary and a high school certificate of the second class. 
An applicant who takes at one series of examinations all of the exam- 
inations necessary to raise an elementary certificate of the second class 
to a high scliool certificate of the second class, shall not be permitted 
to take examinations, during any one series of examinations on more 
than seven subjects, three prescribed, and four optional. 

Sec. 5. That provisions relating to certification granted on comple- 
tion of college courses as specified in Sections 114, 116, 117, 119, of 
Chapter 96, Acts of the Thirty-second Legislature, as amended by Sec- 
tion 1, Chapter 61, Acts of the Third Called Session of the Thirty- 
sixth Legislature shall be repealed, and, as a substitute therefor the 
following section shall be substituted. 

Substitute for Sections 114, 116, 117, 119. An applicant who com- 
pletes the first- 5'ear course of a Texas state normal school shaU be en- 
titled to receive an elementary certificate of the first class, which shall 
be valid unless canceled by lawful authority until the second anniver- 
sary of the thirty-first day of August of the calendar year in which the 
certificate was issued. 

An applicant who completes the second-year course of a Texas state 
normal school shall be entitled to receive an elementary certificate of 
the first class, which shall be valid, unless canceled by lawful authority, 
until the third anniversary of the thirty-first day of August of the 
calendar year in which the certificate was issued. 

A person who has satisfactorily completed five full courses in any 
Texas state normal college, or in any university, senior college, jmiior 
college, or normal college which are ranked as first class by the State 
Superintendent of Public Instruction shall be entitled to receive from 
the State Department of Education an elementary certificate of the 
first class, which shall be valid, unless canceled by lawful authority, 
until the fourth anniversary of the thirty-first day of August of the 
calendar year in which the certificate was issued; provided that the 
five courses shall include at least one course in education dealing espe- 
cially with elementary education, at least one course in English, and 
that not more than two courses may be taken in one subject; and pro- 
vided further that all of these five courses must be those only which 
the college recognizes as credit towards its diploma or degree. 

An applicant who has satisfactorily completed the second year of 
college work in a Texas state normal college, and who has specialized 
in the materials of elementary education, including a minimum of 
thirty-six recitation hours of practice teaching in the elementary grades, 
under the supervision of a critic teacher, shall be entitled to receive a 
pennanent elementary certificate. 

An applicant who has satisfactorily completed the second year's work 
of a university, or senior or junior college, other than a Texas state 
normal college, v.^hich is classified as first class by the State Super- 
intendent of Public Instruction, in which work shall be included two 
courses of professional training, shall be entitled to receive an elemen- 
tarv' certificate of the first class, valid until the sixth anniversary of 



—16— 

the thirty-first day of August of the calendar year in which the cer- 
tificate was issued; provided that the holder of this certificate shall., 
upon completion of five years of successful elementary teaching, be 
granted a permanent elementary certificate; provided further that the 
satisfactory completion of any year's work at any Texas state normal 
college^ or any university^ senior college, junior college, or normal 
college, which are ranked as first class by the State Superintendent of 
Public Instruction, may be substituted for a year's successful teaching, 
if this attendance at college take place after the issuance of the cer- 
tificate. 

A high school certificate of the first class, valid until the second 
anniversary of the thirty-first day of August of the scholastic year in 
which the certificate is issued, shall be granted to a student who has 
satisfactorily completed five full courses in any Texas state normal 
college or in any university, senior college, junior college or normal 
college, which is ranked as first class by the State Superintendent of 
Public Instruction; provided that the five courses shall include at least 
one course in education, and at least one course in English, and that 
not more than two courses may be taken in any one subject; and pro- 
vided further that all these five courses must be those only which the 
college recognizes as credit towards its diploma or degree. 

A high school certificate of the first class, valid until the fourth 
anniversary of the thirty-first day of August of the scholastic year in 
which the certificate is issued, shall be issued to a student who com- 
pletes two years of college work in any Texas state normal college, or 
in any university, senior college, junior college, or normal college, 
which is ranked as first class by the State Superintendent of Public 
Instruction, provided that this work shall include two courses in edu- 
cation, one of which shall bear upon training for high school teaching. 

A high school certificate of the first class, valid until the sixth anni- 
versary of the thirty-first day of August of the scholastic year in which 
the certificate is issued shall be granted to a student who completes 
three years of college work in a Texas state normal college or in any 
university, senior college or normal college, which is ranked as first 
class by the State Superintendent of Public Instruction, provided that 
this work shall include three courses in education, one course of 
which must include a minimum of thirty-six recitation hours of 
practice teaching and one course of which shall bear upon training for 
high school teaching. 

A permanent high school certificate shall be granted to a student 
who has satisfactorily completed a four-year course, leading to a de- 
gree, in a Texas state normal college or in any university, senior 
college, or normal college, classified as first class by the State Super- 
intendent of Public Instruction, provided that this work shall include 
four courses in education, one of which shall bear upon high school 
teaching and one of which shall consist of study of methods, observa- 
tion of methods, and practice in teaching, one of which shall bear upon 
high school teaching. 

Any person whfl^ holds a diploma conferring upon him the degree of 
Bachelor of Arts, or any equivalent Bachelor's degree, or any higher 
academic degree, from any Texas state normal college or any uni- 



—17— 

versity, senior college, or normal college, which is ranked as first class 
by the State Superintendent of Public Instruction, who has not had 
four full courses in education, but who furnishes satisfactory evidence 
of having completed. two full courses in education, one of which shall 
bear upon high school teaching, and of having had noteless than three 
years' successful experience in teaching, aggregating not less than 
twenty-seven months, subsequent to the taking of the degree, shall be 
entitled to receive from the State Department of Education, a perma- 
nent high school certificate, which shall be valid anywhere in the State, 
unless canceled by lawful authority; provided that a person on receiv- 
ing such a diploma and degree from any Texas state normal college, 
or any university, senior college, or normal college, wliich is ranked 
as first class by the State Superintendent of Public Instruction, who 
has taken two full courses in education, one of which shall bear upon 
high school teaching, and who has not had three years' successful ex- 
perience in teaching, may be granted a temporary high school certifi- 
cate, valid until the fourth anniversary of the thirty-first day of August 
of the scholastic year in which the diploma is issued. 

An elementary certificate of the second class shall be valid only in 
elementary schools, grades one to seven, inclusive. 

A high school certificate of the second class shall be valid in elemen- 
tary schools, grades one to seven, inclusive, and in third-class high 
schools, and unclassified high schools, but not in first and second class 
accredited high schools. 

An elementary certificate of the first class shall be valid only in ele- 
mentar)' schools, grades one to seven, inclusive; provided that, the 
holder of an elementary certificate based upon the completion of two 
years of college work in a Texas state normal college, or in any uni- 
versity, senior college, junior college, or normal college, ranked as first 
class by the State Superintendent of Public Instruction, may contract 
to teach in unclassified high schools, and in high schools of the third 
class. 

A two-year high school certificate of the first class shall be valid in 
the elementary grades, one to seven, inclusive, in third class high schools, 
and unclassified high schools, but not in accredited high schools of the 
first and second class. 

A high school certificate of the first class, valid for four years or six 
years, shall entitle the holder to contract to teach in any elementary 
grade or in any high school. 

The term course as relating to college work, wherever it occurs in 
this Act is to be taken as designating not less than the equivalent of 
108 recitation hours of work. 

The term scholastic year is herein specified as meaning from the first 
day of September to the thirty-first day of the following August. 

In all cases of elementary, high school, or special certificates, granted 
on college work, the validity of the certificate shall begin with the date 
of the completion of the work on which the certificate is granted, and 
shall expire on the 31st day of August of the scholastic year, for the 
specified length of time for which the certificate was issued. 

The State Board of Examiners shall on application of institutions 
to be recognized as colleges or universities of the first class, make in- 



—18— 

vestigations as to the courses of study and the standards of such in- 
stitutions^ and shall make recommendations to the State Superintendent 
of Public Instruction, who shall give them such rating as the standards 
of their work may justify. Any school applying for approval under 
the provisions of this Act shall pay a fee of twenty-five dollars, and 
each applicant for teacher's certificate on college credentials shall pay 
a fee of one dollar to cover the expenses of inspection and standardiza- 
tion of approved colleges. 

It shall be the duty of the State Superintendent of Public Instruction 
to appoint a suitable person or persons of recognized college standing, 
who shall make a thorough inspection of the equipment and standards 
of instruction maintained in each school applying for approval under 
this act, and who shall make a detailed report to the State Board of 
Examiners for their consideration. The State Board of Examiners, 
shall make recommendation to the State Superintendent of Public In- 
struction in regard to the classification of schools applying for approval 
under the provisions of this Act, and shall give to them such rating 
as the standards of their work may justify. 

The State Superintendent shall have each school receiving the ben- 
efits of this Act thoroughly inspected from year to year as to its stand- 
ards and facilities of instruction, and he shall have authority to sus- 
pend any school from the benefits of this Act which fails for any reason 
to maintain the approved standards of classification. 

Sec. 6. That Section 131, Chapter 96, Acts of the Thirty-second 
Legislature be repealed and in lieu thereof, and for other purposes of 
this Act the following section be substituted, as to Special Certificates. 

Special Certificates. Special certificates may be issued authorizing 
the holders to teach in a kindergarten or to teach the special subjects 
specified in this section of this Act. 

A person who has satisfactorily met the college entrance requirements 
of any Texas state normal college or any university or senior college, 
junior college, or normal college, ranked as first class by the State 
Superintendent of Public Instruction and who has satisfactorily com- 
pleted one year's training in a kindergarten training school for teachers 
which has been classified by the State Superintendent of Public In- 
struction as a kindergarten training school of the first class, shall be 
entitled to receive a kindergarten certificate valid for two years, and 
the holder thereof oh completing the equivalent of three courses of 
additional work at a kindergarten training school classified as first 
class by the State Superintendent of Public Instruction, shall be en- 
titled to have this certificate extended for one year. 

A person who has satisfactorily met the college entrance require- 
ments of any Texas state normal college or any university, or senior 
college, junior college, or normal college, ranked as first class by the 
State Suprintendent of Public Instruction and who. has satisfactorily 
completed a two-year college course in kindergarten training school for 
teachers, classified by the State Superintendent of Public Instruction 
as a kindergarten training school of the first class, shall be entitled to 
receive a kindergarten certificate valid for four years. The holder of 
such certificate, after three years of satisfactory experience in teaching 
in a kindergarten, shall be entitled to receive a permanent kindergarten 



—19— 

certificate; provided that it shall be illegal for a person to teach in a 
public school kindergarten, unless he or she is the holder of a kinder- 
garten certificate. 

Certificates authorizing the holders to teach the special subjects of 
agriculture, domestic art, domestic science, commercial subjects, public 
school drawing, expression, manual training, physical training, public 
school music, vocal music, instrumental music, industrial training, or 
foreign languages may be granted to applicants as follows : 

An applicant who has met the college entrance requirements of any 
Texas state normal college, or any university or senior college, junior 
college, or normal college, which is ranked as first class by the State 
Superintendent of Public Instruction, and, in addition thereto, has 
satisfactorily completed ten college courses, at least one of which shall 
be in English, at least one of which shall be in education, and at least 
one of which shall be in the special subject on which the certificate is 
issued, these courses to be taken in any Texas state normal college, 
or any university, or senior college, junior college, or normal college, 
which is ranked as first class by the State Superintendent of Public 
Instruction, shall be entitled to receive a special certificate authorizing 
him to make contract to teach his special subject, which special certifi- 
cate shall be valid until the third anniversary of the thirty-first day 
of August of the scholastic year in which the certificate was issued; 
provided that one of these courses must include special methods of 
teaching the subject on which the certificate is granted. 

An applicant who has met the college entrance requirements of any 
Texas state normal college, or any university, senior college, or nor- 
mal college, which is ranked as first class by the State Superintendent 
of Public Instruction, and in addition thereto has satisfactorily com- 
pleted fifteen college courses, at least one of which shall be in English, 
at least one of which shall be in education, and at least three of which 
shall be in the subject on which the certificate is granted, these courses 
to be taken in any Texas state normal college, or any university, or 
senior college, or normal college, ranked as first class by the State 
Superintendent of Public Instruction, shall be entitled to receive a 
certificate entitling him to contract to teach his special subject, which 
certificate shall be valid until the fourth anniversary of the thirty-first 
day of August of the scholastic year in which the certificate is granted. 

It is especially herein provided that the holder of a special kinder- 
garten certificate, or a special certificate in commercial subjects, public 
school music, public school drawing, or physical training, on the com- 
pletion of three years of teaching the special subject during the validity 
of his certificate or certificates, shall be entitled to receive a permanent 
special certificate in his subject, valid for use in the public schools, 
unless canceled by lawful authority. 

An applicant who has met the college entrance requirements of any 
Texas state normal college or any university or senior college, or 
normal college, ranked as first class by the State Department of Educa- 
tion, and in addition thereto, has completed twenty college courses, at 
least one of wdiich shall he in English, at least one of which shall be in 
education, and at least four of which shall be in his special subject, 
these courses to be taken in any Texas state normal collego. senior 
college, or normal college, ranked by the State Superintendent of Public 



—go- 
Instruction as a college of the first class, shall be entitled to receive a 
permanent certificate in his special subject, valid for life unless can- 
celed by lawful authority; provided that the college courses shall in- 
clude special methods of teaching the subject on which the certificate 
is issued. 

After September 1, 1935, teachers who devote the major portion of 
their time to teaching or supervising special subjects, shall be required 
to hold a high school certificate or a special certificate, as provided for 
in this Act, on the special subject in which they give instruction or 
supervise work. 

For the scholastic year of 1930-21, Texas universities and colleges 
shall have the right, if preferred, to continue their former laws grant- 
ing privileges on which they have made pledges to their students, to 
fulfill the pledges authorized by these former laws. 

After consultation with the Attorney General's Department^ the State 
Superintendent has interpreted the preceding paragraph to have the 
following meaning : 

Any student who attends school, at an approved college during the 
session of 1930-31, may exercise a choice as to ivhether he will com- 
plete his work according to the terms of the new law, provided that he 
completes his work hy September 1, 1935. In o'rder to have this privi- 
lege, he must lie in attendance at the school during the regular session 
or the summer session of 1930-31. A student who is not in attendance 
at such a school during the regular session or the summer session of the 
present scholastic year must complete his college work under the terms 
of the new law. 

Sec. 7. That Section 105, Chapter 96, Acts of the Thirty-second 
Legislature shall be so amended as hereafter to read as follows : 

Section 105. Any person desiring to be examined for a teacher's 
certificate authorizing him or her to contract to teach in the public free 
schools of Texas, shall make application to the county superintendent, 
stating the class of certificate desired, and shall present to the county 
superintendent a statement of three good and well known citizens, or 
such proof as he may require of his qualifications, except the examina- 
tion grades required for the class of certificate desired. After investi- 
gation, the county superintendent shall give the applicant a written 
recommendation to the county board of examiners requiring them to 
examine the applicant for a certificate of the class mentioned; but no 
person shall receive such recommendation without first depositing with 
the county superintendent the sum of four dollars as an examination 
fee, and the recommendation given by the county superintendent shall 
show the receipt of said fee. The county board of examiners shall not 
permit any person to enter the examination who does not first present 
the written recommendation of the county superintendent; provided, 
that all examinations provided for herein and elsewhere in the Texas 
School Laws shall be conducted in writing and in the English lan- 
guage. The county superintendent shall forward promptly to the State 
Superintendent, all papers of applicants applying for State Certificates, 
these to be submitted to the State Board of Examiners, together 
with the reports of the county board of examiners, on a prescribed form, 
furnished by the State Department of Education, with a fee of two 
dollars ($3.00) from the fee paid to him by each of the applicants 



—21— 

applying for state certificates; provided that, until shipment of papers 
to the State Superintendent of Public Instruction, papers of applicants 
for a State certificate shall be deposited in some safe or vault at the 
county courthouse. 

Sec. 8. That all laws or parts of laws in conflict with the provisions 
of this Act are hereby repealed; provided that, nothing in this Act 
shall be construed as invalidating or in any way affecting any certifi- 
cates issued prior to September 1, 1925, or affecting or limiting the 
rights and privileges of the holders thereof. 

This section expressly safeguards the certificate rights of all persons 
receiving certificates under former laws. The rights conferred hy these 
certificates constitute a contract with the State, and such contracts are 
in no way annulled hy the operation of the new law. 

This Act takes effect June 12, 1921. 



REPEAL OF THE REQUIREMENT THAT TEACHERS MUST 
MAKE AFFIDAVIT TO SALARY VOUCHER. 



An Act amending Article 2826 of the Revised Civil Statutes of Texas, of 1911, 
and dispensing with the requirement that public school teachers make affidavit 
in connection with salary checks as now provided by said statute, and 
declaring an emergency. 

Be it enacted hy the Legislature of the State of Texas: 

Section 1. That Article 2826 of the Eevised Civil Statutes of the 
State of Texas of 1911, be amended so that said article may hereafter 
read as follows, to wit : 

Article 2826. Check for payment of teacher: — The amount con- 
tracted by trustee to be paid a teacher shall be paid on a check drawn 
by a majority of the trustees, on the county treasurer, and approved by 
the county superintendent. 

Sec. 2. The fact that public school teachers in mral districts are now 
required by law to make affidavit that they are entitled to the compen- 
sation as evidenced by their salary checks which have been approved 
by the board of trustees of their respective schools; and the fact that 
said requirement for affidavit puts upon said teacher an unnecessary- 
expense and trouble and inconvenience, creates an emergency and an 
imperative public necessity that the Constitutional rule requiring bills 
to be read on three several days be suspended, and said rule is so sus- 
pended, and this Act shall take effect and be in force from and after 
its passage, and it is so enacted. 

This Act takes effect June 12, 1921. 



—23— 

AN ACT RELATING TO COMPULSORY SCHOOL ATTEND- 
ANCE OF THE BLIND, DEAF AND DUMB. 



An Act to amend Section 2, Chapter 49, Acts of the Regular Session of the 
Tliirty-fourth Legislature, 1915, so as to provide for the compulsory school 
attendance of the blind, deaf and dumb; and prescribing additional duties 
of county superintendents, requiring said officers to certify the name and 
number of blind, deaf and dumb in their respective counties to the State 
Superintendent of the School for the Deaf, Dumb and Blind, respectively; 
authorizing the Superintendent of the School for the Deaf and Dumb and 
the School for Blind to provide for the instruction of the deaf, dumb and 
blind in so far as instructional facilities are adequate, and authorizing said 
officers to issue certiticates of inadequate instructional facilities which shall 
have the effect of releasing the holders thereof from compulsory school 
attendance, and declaring an emergency. 

Be it enacted hy the Legislature .of the State of Texas: 

Section 1. That Article 2779b, Yernon's Sayles' Civil Statutes of 

1920, being Section 2 of Chapter 49, Acts of the Eegnlar Session of 

the Thirty-fourth Legislature, 1915, be and the same is hereby amended 

to read as follows : 

Article 2779b. The following classes of children are exempt from 

the requirements of this Act: 

(a) Any child in attendance upon a private or parochial school 
or who is being properly instructed by a private tutor. 

(b) Any child whose bodily or mental condition is such as to ren- 
der attendance inadvisable, ancl who holds definite certificate of a repu- 
table physician specifying this condition and covering the period of 
absence. 

(c) Any child who is feeble-minded, for the instruction of whom 
no adequate provision has been made by the school district. 

(d) Any child living more than two and one-half miles by direct 
and traveled road from the nearest public school supported for chil- 
dren of the same race and color of such child, and with no free trans- 
portation provided. 

(e) Any child more than twelve years of age who has satisfactorily 
completed the work of the fourth grade of a standard elementary school 
of seven grades, and whose services are needed in support of a parent or 
other person standing in parental relation to the child, may, on pres- 
entation of proper evidence to the County Superintendent of Public 
Instruction, be exempted from further attendance at school. 

Sec. 2. It shall be the duty of the County Superintendent to issue 
instructions to the school census trustees to make adequate entry upon 
the rolls and summaries of the various trustees which are now required 
by law to be filed with the county superintendent in his office, of each 
and every child within the scholastic age which is either deaf or blind. 
Upon receipt of said census reports and rolls the county superintendent 
shall immediately compile a complete list of names, ages, and informa- 
tion contained on the census report of each child deaf or blinn, certify 
thereto and forward same to the respective officers, the deaf to the 
Superintendent of the Texas Deaf and Dumb School, the blind to the 
Superintendent of the School for the Blind. 

Sec. 3. The certificate made above shall constitute an application 



—23— 

to the institution to which it is directed for the maintenance, care and 
education of all such children, and it shall be the duty of the Super- 
intendent of the Deaf and Dmnb and the School for the Blind, respec- 
tively, to permit the entrance, provide for the maintenance, care and 
education of said applicants under such rules and regulations as may 
be prescribed by him in so far as the facilities now or hereafter be pro- 
vided are adequate in such institutions. 

In the event that all of said applicants or any part thereof cannot 
be received it shall be the duty of the superintendents of the respective 
institutions to issue and mail to the parents of all children for whom 
there is no adequate facilities, a certificate to be known as an Inade- 
quate Instructional Facilities Exemption. This exemption shall con- 
tain thereon the fact of the application and that there is now no means 
by which the State may maintain, care for aiid instruct the person to 
whom said certificate is given, and such other information as may be 
prescribed by the Superintendents of the Deaf and Dumb School and 
the School for the Blind. 

All deaf children between the ages of seven and twenty-one years of 
age, inclusive, and all blind and partially blind children between the 
ages of six and fourteen years of age, inclusive, whose vision is not 
sufiicient to enable them to attend the public schools, shall be subject 
to all the provisions of the law with reference to the compulsory school 
attendance, provided, however, that such children as hold a certificate 
of exemption as above described shall be exempted from such laws and 
shall not be subject to any of the penalties now provided for failing 
to attend school. 

Sec. 4. The fact that there is great need for compelling the attend- 
ance of deaf and blind children of the State upon the schools now pro- 
vided and hereafter to be provided, and the further fact that there is 
now no method to compel the attendance of such children at school, 
creates an emergency and an imperative public necessity that the Con- 
stitutional rule requiring bills to be read on tliree- several days in each 
House be suspended, and the same is hereby suspended, and that this 
Act shall take efi^ect and be in force from and after its passage, and 
it is so enacted. 

This Act takes elfect June 12, 1921. 



LEGAL HOLIDAYS IN TEXAS, ADDING VICTORY DAY, 
NOVEMBER IITH. 



An Act amending Article 4606 of Title 67 of Kevised Civil Statutes of Texas, 
1911, declaring the eleventh day of November of each year a legal holiday 
and designating November 11th as "Victory Day." 

Be it enacted by the Legislature of the State of Texas: 

Section 1. That Article 4606, Title 67, of the Kevised Civil Stat- 
utes of Texas be and the same is hereby anjended so as liereafter to be 
and read as follows : "The first day of January, the twenty-second day 
of February, the second day of March, the twenty-first day of xVpril, 



—24^ 

the third day of June, the fourth day of July, the first Monday in Sep- 
tember, the twelfth day of October, the eleventh day of JSTovember, and 
the twenty-fifth day of December, of each year, a ad all days appointed 
by the President of the United States, or by the Governor, as days of 
fasting or thanksgiving, and everj? day on which an election is held 
throughout the State, are declared holiday?, on which all the public 
offices of the State may be closed, and shall be considered and treated 
as Sunday or the Christian Sabbath for all purposes regarding the pre- 
senting for payment or acceptance and of pio testing for and giving 
notice of the dishonor of bills of exchange, bank checks and promissory 
notes placed by the law upon the footing of bills of exchange." 

Sec. 2. Victory Day, the eleventh day of November of each year, 
the same being a legal holiday, is further set apart aud designated as 
"Victory Day," to be devoted to the celebrat'0]i of the victory of Amer- 
ica and her Allies over the Im])erial Government of Germany in the 
Great War and to be observed for that purpose in such patriotic manner 
as may seem best to the people of each community. 



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019 746 494 9 



